NetCred - Online Identity Confirmation
Terms And Conditions of Netcred
6.2 Processing and disclosure rights
- 1 Introduction
- 1.1 Please read these Terms and Conditions carefully before using the website operated by Netcred Limited ('Netcred'). In particular, we draw your attention to paragraphs 8 (Applicability of online materials) and 12 (Liability).
- 1.2 Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these Terms and Conditions of use as they apply to your use of or access to our website.
- 1.3 If you do not wish to be bound by these Terms and Conditions then you should not use our website.
- 2 Nature of our Website
- 2.1 Website operators have difficulty in verifying the identification of their users while users have considerable difficulty in identifying and trusting other users. Our aim is to simplify the process through a scheme of accreditation. Our website allows you to join the Netcred verified community by being awarded the right to use our verification symbol ('Netcred Seal') if we are able to verify your identity based upon the information provided to us ALWAYS subject to the assumption that the information provided relates to you ('the Service') and ALWAYS subject to paragraph 12.8 below. If you are successful in joining our community you will be able to use your Netcred status on Netcred enabled websites ("Partner Sites") as we roll out our Service amongst the UK online community.
- 2.2 Your credit status is not checked by us and therefore does not affect your ability to acquire Netcred status. Therefore the award of the Netcred Seal is no reflection on and should not be used as an indicator of your credit worthiness.
- 3 Applying for Netcred and Charges
- 3.1 To apply for Netcred status you will need to answer the questions and follow the instructions set out on the application page.
- 3.2 You will need to provide us with your name, address, date of birth and gender. We will then ask for additional information which may include a driving licence number, passport number or utility bill details. In addition various additional information may be requested in order to confirm identification. This information will be used only for the verification process and is not stored in any way. For the security of all users only the results of the verification process will be stored.
- 3.3 Netcred status is currently only available to applicants that are 18 and over and is subject to payment by you of our Initial Charge (as hereafter defined) comprising the total of our verification fee of £3.00 (inc VAT) and 1 month's monthly membership fee of £3.00 (inc VAT) ('our Charge(s)')]. If your application is granted you will be issued with the Netcred Seal verified user symbol for display. In certain circumstances we will post a code to applicable users which must be entered on the website before the user will become fully verified.We will also have the right to provide partner sites with your verified user status.
- 3.4 We will not invoice for our Charges. However a downloadable VAT receipt will be made available in your administration area. The Charges and the procedures for payment are displayed on or through our website. The Charge for the subscription to Netcred is the price in force at the date and time of your application. However we reserve the right to alter our Charges at our discretion upon 4 weeks notice to you.
- 3.5 You undertake that all details you provide to us for the purpose of applying for Netcred status will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of our Charges. We reserve the right to obtain validation of your credit or debit card details before we provide you with Netcred status.
- 3.6 If we are unable to provide you with the Netcred Seal online you may be referred to our manual verification procedure. Please note that if we are unable to provide you with Netcred verified status following the manual verification process our verification fee will be deemed a non-refundable set up fee to meet our administration costs but the advance membership fee paid (if any) shall be refunded to you within 28 days.
- 3.7 Neither party shall be entitled to set off a credit against any amount owed to it by the other under these terms or under any other agreement.
- 4 Netcred Service
- 4.1 The Initial Charge and subsequent monthly payments are taken and receipts are provided via a secure payment method during verification. We currently use the service provided by Worldpay for this purpose. You must pay for our Service by credit or debit card at which time you will be notified of the current price.
- 4.2 Netcred is entitled to decline any application submitted by you if you have been unable to provide us with the relevant details or if you have been unable to provide sufficient identity details to obtain Netcred verified status. If your application is accepted, we will confirm acceptance to you by online electronic means ('Confirmation') to the e-mail address you have given us as part of your application.
- 4.3 You may cancel your membership of Netcred at anytime by cancelling your future payment instructions from within your osn account area on the NETCRED website. Membership will cease automatically on the completion of the prepaid period and no further fees shall be payable by you if we are notified of your request to cancel at least 14 days before your monthly payment is due ('Notification Period'). If we receive your request to cancel outside the Notification Period an additional monthly fee shall be payable by you before cancellation of your membership can take place.
- 4.4 Should Netcred revoke the right to display the Netcred Seal pursuant to paragraph 12.8 below membership fees already paid shall be retained by Netcred as processing costs always subject to the maximum withholding set out in the Netcred price list at the time.
- 4.5 Refund policy
- The verification fee will be deemed a non-refundable set up fee. Should NETCRED be unable to provide the service for technical or other reasons prepaid monthly membership fees may be refunded at management discretion. Such refund shall not exceed the prepaid and unused monthly membership fees.
- 4.6 Complaints
- If you have any complaints, you should direct them to us via e-mail through our contact page or by post to Netcred Ltd, 1 Wellington Road, Bollington, Cheshire, SK10 5JR.
- 5 Modifications to Website
- We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless stated otherwise, any new features including new content shall be subject to these Terms and Conditions.
- 6 Information you Provide
- 6.1 The following applies to any information you provide to us, for example during any registration or ordering process:
By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should e-mail us through our contact page.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, password, code and security question responses that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify Netcred immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention. We shall use our reasonable endeavours to keep your information secure by using modern methods of encryption where appropriate.
8 Applicability of Online Materials
8.1 Personal Use
Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use.
8.2 No Copying
You may not download, print or store any such material or send or show any copy thereof to anyone who is not a fellow employee or a member of your immediate family or friends. In the event of any breach of this term:
8.3 Third Party Materials
Where content published on the website is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content. You assume total responsibility and risk for your use of our website and use of all information contained within it. This will not affect any your statutory rights.
8.4 Compliance with Law
We have used our reasonable endeavours to ensure that our website complies with UK law. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK.
8.5 Exclusion of Warranties
Netcred makes no warranties, express or implied that making the accreditation service available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the accreditation service or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Service is not offered for sale to you. You accept that if you are resident outside the UK Netcred status is limited to UK partner sites only. You must satisfy yourself that you are lawfully able to purchase the Service. Netcred accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Service by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
9 Copyright and Monitoring
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Netcred or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an application with Netcred. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
10.1 Linked Sites
Netcred makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Netcred and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that Netcred endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
10.2 No Linking to or Extraction of Data or Other Information from Netcred Website
Any linking to, deep linking to, or extraction from the Netcred website without the written consent of Netcred in hard copy with original signature by a director of Netcred is strictly prohibited.
Without prejudice to the generality of the foregoing sub-paragraph 10.2 any third party contravening the provisions of sub-paragraph 10.2 shall be liable for liquidated damages to Netcred and all costs incurred by Netcred whatsoever in researching and dealing with the relevant breach of these Terms and Conditions.
11 Availability of our Website
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
All express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to our service, our website or any information or service provided through our website are strictly excluded. We will do our best to ensure that all materials and information published on our website is accurate, but please note that all materials and information on our website are provided on an 'as is' basis.
12.2 Exclusion of Liability
In relation to the purchase of our service, use of our service or the use of the Netcred Seal on Partner Sites, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing our service, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Netcred or our servants, agents or any other person. For the avoidance of doubt the granting of the Netcred Seal does not imply any representation or warranty by us as to the suitability or integrity of the holder to enter into legal relations with third parties and we shall have no liability for any loss or damage whether direct or indirect suffered by you arising therefrom. Should a dispute arise between holders of the Netcred Seal we encourage you to attempt to resolve the dispute amicably but shall play no part in dispute resolution nor offer mediation between the parties. Where a dispute arises that may be of a criminal or civil nature we shall (upon request) co-operate fully with the relevant authorities always subject to our obligations under the Data Protection Act 1988.
12.3 Limit of Liability
If we are liable to you for any reason, our liability will be limited to the amount paid by you for the service. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
12.4 User's Responsibilities
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are solely responsible for implementing sufficient procedures and virus checks (including anti-virus, anti spyware, anti phishing and other security checks) to satisfy your particular requirements for the accuracy of data input and output and the security of your system. We shall have no liability for any loss or damage suffered in that regard.
12.5 Legal Limitations
The limitations and exclusions in this clause only apply to the extent permitted by applicable law.
12.6 Accuracy of Information and Disclaimer
It is your duty to ensure that information contained in anything you send to us (including without limitation adverts, postings, comments and feedback) is accurate and does not breach any third parties' rights including trade mark, database right, copyright or other intellectual property rights nor is libellous, obscene, menacing, harassing, threatening, offensive, abusive, discriminatory, fraudulent, criminal nor infringes the rights of other people such as privacy rights or is in any way illegal or unlawful. Bear in mind that the information you send to us may be published on our website and can be viewed world-wide and such activities damage the integrity of Netcred status.
It is your responsibility to verify, independently, any information before sending it to us.
We try to ensure that all information on our website is accurate but if you find any inaccuracies let us know and we will correct them as soon as practicable, if we agree.
We make no representations that information appearing on our website is accurate, up to date or complete and we accept no liability for any loss or damage caused by anything inaccurate or misleading appearing upon our website which, in particular, may contain statistical data which may have inaccuracies or errors in it.
We shall not be liable for and make no warranties in relation to our website or its content, to the fullest extent that such liabilities can be excluded by law.
Any views expressed in messages on the website are not necessarily those of Netcred or anyone connected with Netcred.
12.7 Posting of Information on our website
Information sent to us anonymously is not accepted.
Copies must be retained of all postings and other information you send to us electronically, through our website or otherwise.
By sending us information you waive your moral rights to be identified as author of it and also give us licence to modify such information. It may, for example, be necessary to condense the information or otherwise alter it to fit our website.
If you have any specific requirements as to the use to which we can put the information this must be stated in advance and we have the right to reject it.
We will assume that any information received is for publication on our website and such other use as we in our absolute discretion may deem fit upon an exclusive, royalty-free, perpetual basis.
We have the absolute right at our sole discretion to reject or to remove any information from our website.
12.8 Barring from the website and revocation of right to use Netcred Seal.
In addition to our right to remove information from our website as stated above we reserve the right to bar users from our website, on a permanent or temporary basis at our sole discretion. We will notify any user whom we bar and they must not then attempt to use our website under any other name or through any other user. We also reserve our right pursuant to paragraph 2.1 above to revoke or suspend (at our discretion) the granting of and your right to display (whether on-line including on partner and non partner websites or off-line) our Netcred Seal if you breach these Terms and Conditions or if you or parties authorised or controlled by you engage in any conduct that in our reasonable opinion damages the integrity of Netcred status. By agreeing to these Terms and Conditions you shall be deemed to have waived all claims against us for any loss or damage (whether direct or indirect) arising from our decision to revoke or suspend your Netcred status which shall always be exercised in good faith.
We may alter these Terms and Conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the Terms and Conditions on the website regularly.
13.2 Entire Agreement
These Terms and Conditions together with our application procedure and payment method instructions, if any, are your whole agreement in relation to Netcred. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by Netcred or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the relevant terms and conditions, order form and payment method instructions.
If any provision or term of these Terms and Conditions shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.
These Terms and Conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
13.5 Causes beyond Control
Neither you nor Netcred will be held liable for any failure to perform any obligation to the other due to causes beyond your or Netcred's respective reasonable control.
13.6 No Waiver
Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
All notices shall be given:
- you will be liable to indemnify Netcred and any of its partners against any damage (including costs on an indemnity basis) which they or any of them may suffer as a result of such breach; and
- You may be denied any further use of our website.
Notice will be deemed received when an e-mail is received in full and email confirmation of receipt is sent by us or you during the working week (excluding public holidays) and if by post 1 day after posting by first class post.
These terms and conditions replace all other Terms and Conditions previously applicable to the use of our website.
- to us via e-mail through our contact page or
- to you at either the e-mail or postal address you provide during the application process.